Young v. Syracuse, Binghamton & New York Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 5, 1900, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a trial term, and granting a new trial. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 5, 1900, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a trial term, and granting a new trial. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion. The evidence does not show that the defendant failed to provide plaintiffs’ intestate with a safe place in which and adequate…
1Opinion of the CourtO’Bbien, J.
The plaintiffs’ intestate was an engineer in charge of the defendant’s express train and was killed on the night of December first, 1895. The train was running south over a double-track road on schedule time at a rate of from thirty-five to forty miles an hour, leaving Syracuse for Binghamton at a little after ten o’clock in the evening. It was scheduled to run through Preble station without stopping, and on approaching that station ran upon a side track through an open switch and collided with freight cars standing there. The engineer and fireman were killed. The switch was so constructed…
2Cases cited2 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
3Cited by2 opinions
- Rugg v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- Schneider v. MiecznikowskiAppellate Division of the Supreme Court of the State of New York · 1962